Enabel • Belgian development agency • Public-law company with social purposesRue Haute 147 • 1000 Brussels • T +32 (0)2 505 37 00 • enabel.be

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Tender Specifications TAN 141Services procurement contract for ‘Consultancy services to Design and Supervise Works at Kidyama and Kakonko’

Navision code: 140 32 11Country: TanzaniaNegotiated procedure without previous publication

Enabel • Belgian development agency • Public-law company with social purposesRue Haute 147 • 1000 Brussels • T +32 (0)2 505 37 00 • enabel.be

Table of contents1 General provisions....................................................................................................6

1.1 Derogations from the General Implementing Rules......................................................6

1.2 Contracting authority.................................................................................................................6

1.3 Institutional setting of Enabel................................................................................................6

1.4 Rules governing the procurement contract.......................................................................7

1.5 Definitions.......................................................................................................................................7

1.6 Confidentiality...............................................................................................................................8

1.6.1 Deontological obligations..........................................................................................9

1.6.2 Applicable law and competent courts..................................................................9

2 Subject-matter and scope of the procurement contract......................102.1 Type of procurement contract..............................................................................................10

2.2 Subject-matter of the procurement contract..................................................................10

2.3 Lots..................................................................................................................................................10

2.4 Items...............................................................................................................................................10

2.5 Duration.........................................................................................................................................10

2.6 Quantity.........................................................................................................................................10

3 Subject-matter and scope of the procurement contract......................113.1 Award procedure.......................................................................................................................11

3.2 Semi-official notification.........................................................................................................11

3.2.1 Enabel publication.....................................................................................................11

3.3 Information...................................................................................................................................11

3.4 Evaluation of tenders...............................................................................................................11

3.5 Tender............................................................................................................................................11

3.5.1 Data to be included in the tender........................................................................11

3.5.2 Period the tender is valid........................................................................................12

3.5.3 Determination of prices...........................................................................................12

3.5.3.1............................................................................Elements included in the price12

3.5.4 How to submit tenders?...........................................................................................12

3.5.5 Change or withdrawal of a tender that has already been submitted.....13

3.6 Evaluation of tenders...............................................................................................................13

3.6.1 Access rights and Selection of tenderers..........................................................14

3.6.1.1.....................................................................................................Selection criteria14

3.6.2 Tender examination modalities.............................................................................16

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3.6.3 Negotiations.................................................................................................................16

3.6.4 Award criteria..............................................................................................................16

3.6.5 Awarding the public contract................................................................................16

3.7 Concluding the contract..........................................................................................................17

4 Special contractual provisions..........................................................................174.1 Managing official (Art. 11).....................................................................................................17

4.2 Subcontractors (Art. 12 to 15)..............................................................................................18

4.3 Confidentiality (Art. 18)...........................................................................................................18

4.4 Intellectual property (Art. 19 to 23)...................................................................................18

4.5 Performance bond (Art. 25 to 33).......................................................................................18

4.6 Conformity of performance (Art. 34).................................................................................20

4.7 Changes to the procurement contract (Art. 37 to 38/19)..........................................20

4.7.1 Replacement of the contractor (Art. 38/3)........................................................20

4.7.2 Indemnities following the suspensions ordered by the contracting authority during performance (Art. 38/12).......................................................................................20

4.7.3 Unforeseen circumstances......................................................................................21

4.8 Preliminary technical acceptance (Art. 42).....................................................................21

4.9 Performance modalities (Art. 146 et seq.).......................................................................21

4.9.1 Deadlines and terms - Implementation period (Art. 147)...........................21

4.9.2 Place where the services shall be performed (Art. 149).............................21

4.9.3 Evaluation of the services performed.................................................................21

4.9.4 Liability of the service provider (Art. 152-153)..............................................21

4.10 Means of action of the contracting authority (Art. 44-51 and 154-155)..............22

4.10.1Failure of performance (Art. 44)..........................................................................22

4.10.2Fines for delay (Art. 46 and 154).........................................................................22

4.10.3Measures as of right (Art. 47 and 155)..............................................................23

4.11 General payment modalities (Art. 66-72 and 160)........................................................23

4.12 End of the contract (Art. 64-65, 150 and 156-157)......................................................24

4.12.1Acceptance of the services performed...............................................................24

4.13 Modifications to the contract (Art. 37-38 and 151)......................................................24

4.14 Litigation (Art. 73).....................................................................................................................25

5 Terms of Reference................................................................................................265.1 Introduction.................................................................................................................................26

5.2 Background information.........................................................................................................26

5.3 Objective of the assignment..................................................................................................27

5.4 Scope of the consultancy........................................................................................................27

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5.5 Design Phase...............................................................................................................................28

5.5.1 Tasks under this phase.............................................................................................28

5.5.1.1..................................................................................Preliminary Design Studies28

5.5.1.2Technical Studies, Preparation of Designs, Drawings and Tender Documents29

5.5.1.3...................................................................................Conducting Design Studies30

5.5.1.4.............................................................Preparing Detailed Designs, Drawings30

5.5.1.5......................................................................Preparation of Tender Documents31

5.5.1.6...................................................................................................................Tendering31

5.5.2 Deliverables and timeframe (Design phase)....................................................31

5.5.2.1......................................................................................................Inception Report32

5.5.2.2.........................................................................................................Design Criteria32

5.5.2.3...............................Draft Detailed Design Reports and Tender Documents32

5.5.2.4...............................Final Detailed Design Reports and Tender Documents32

5.5.2.5..................................................................................................Tender Documents32

5.5.2.6...........................................................................................................Key personnel33

5.5.3 Payments - Design Phase.........................................................................................34

5.6 Supervision of Works – Phase 2 of the contract............................................................34

5.6.1 Objective and scope of the assignment.............................................................34

5.6.2 Tasks under this phase of the contract..............................................................34

5.6.2.1.........................................................................................Contract administration34

5.6.2.2....................................................................................................Quality assurance35

5.6.2.3.........................................................................Schedule and Cost Management36

5.6.2.4..................As-Built Drawings and Operations and Maintenance Manuals36

5.6.2.5..................Environmental, Social, Health and Safety (ESHS) Monitoring37

5.6.3 Progress Reporting in Phase 2..............................................................................37

5.6.4 Deliverables and Timeframe..................................................................................38

5.6.5 Reports and Reporting.............................................................................................38

5.6.5.1......................................................................................................Inception Report39

5.6.5.2....................................................................................Monthly Progress Reports39

5.6.5.3........................Environmental, Social, Health and Safety (ESHS) Reports40

5.6.5.4............................................................................Contract Management Manual40

5.6.5.5..............................................................Operations and Maintenance manuals40

5.6.5.6.....................................................................................Final Construction Report40

5.6.5.7...................................................................................Project Completion Report41

5.6.6 Payment..........................................................................................................................41

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5.6.7 Office Equipment and mobility..............................................................................41

5.6.8 Key Personnel Requirements.................................................................................41

6 Forms..............................................................................................................................26.1 Identification forms.....................................................................................................................2

6.2 Tender form - Prices...................................................................................................................3

6.3 Key experts.....................................................................................................................................4

6.4 Availability of key expert..........................................................................................................4

6.6 Integrity Statement for the tenderers......................................................................................5

6.7 Declaration on access rights and exclusion criteria...........................................................7

6.8 Power of attorney.............................................................................................................................8

6.9 Incorporation certificate................................................................................................................8

6.10 Certification of clearance with regards to the payments of social security contributions..............................................................................................................................................8

6.11 Certification of clearance with regards to the payments of applicable taxes........8

6.13 Certifying not into bankruptcy..................................................................................................8

6.14 List of the main similar services...............................................................................................8

6.15 Selection file.....................................................................................................................................9

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1 General provisions

1.1 Derogations from the General Implementing RulesChapter ‘Specific contractual and administrative conditions’ of these Tender Specifications (CSC/Cahier Spécial des Charges) holds the specific administrative and contractual provisions that apply to this public procurement contract as a derogation of the Royal Decree of 14.01.2013 or as a complement or an elaboration thereof.

These tender documents derogate Art. 26 of the General Implementing Rules (see point “Performance bond (Art. 25-33)”. This deviation is founded on the idea of providing possible local tenderers with an opportunity to submit a tender.

1.2 Contracting authorityThe contracting authority of this public procurement contract is Enabel, the Belgian development agency, public-law company with social purposes, with its registered office at Rue Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR Brussels). Enabel has the exclusive competence for the execution, in Belgium and abroad, of public service tasks of direct bilateral cooperation with the partner countries. Moreover, it may also perform other development cooperation tasks at the request of public interest organisations, and it can develop its own activities to contribute towards realisation of its objectives.

For this procurement contract, Enabel is represented Koen GOEKINT, Representative Resident in Tanzania.

1.3 Institutional setting of EnabelThe general framework of reference in which Enabel operates is:- The Belgian Law on Development Cooperation of 19 March 20131;- The Belgian Law of 21 December 1998 establishing the Belgian Technical Cooperation as a public-law company2;- The Belgian Law of 23 November 2017 changing the name of the Belgian Technical Cooperation and defining the missions and functioning of Enabel, the Belgian development agency, published in the Belgian Official Gazette on 11 December 2017. The following initiatives are also guiding Enabel in its operations: We mention as main examples:

In the field of international cooperation: The United Nations Sustainable Development Goals and the Paris Declaration on the harmonisation and alignment of aid;

In the field of the fight against corruption: The Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 20033, as well as the Law of 10 February 1999 on the Suppression of Corruption transposing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

1 Belgian Official Gazette of 30 December 1998, of 17 November 2001, of 6 July 2012, of 15 January 2013 and of 26 March 2013.2Belgian Official Gazette of 1 July 1999.3 Belgian Official Gazette of 18 November 2008.

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In the field of Human Rights: the United Nations’ Universal Declaration of Human Rights (1948) as well as the 8 basic conventions of the International Labour Organisation4 on Freedom of Association (C. n°87), on the Right to Organise and Collective Bargaining (C. n°98), on Forced Labour (C. n°29 and 105), on Equal Remuneration and on Discrimination in Respect of Employment (C. n°100 and 111), on Minimum Age for Admission to Employment (C. n°138), on the Prohibition of the Worst Forms of Child Labour (C. n°182);

In the field of environmental protection: The Climate Change Framework Convention in Paris, 12 December 2015;

The first Management Contract concluded between Enabel and the Belgian federal State (approved by the Royal Decree of 17.12.2017, Belgian Official Gazette 22.12.2017) that sets out the rules and the special conditions for the execution of public service tasks by Enabel on behalf of the Belgian State.

1.4 Rules governing the procurement contractThis public contract shall be governed by the Belgian law, among others:

The Law of 17 June 2016 on public procurement contracts5; The Law of 17 June 2013 on justifications, notification and legal remedies for

public procurement contracts and certain procurement contracts for works, supplies and services6;

The Royal Decree of 18 April 2017 on the award of public procurement contracts in the classic sectors7;

Royal Decree of 14 January 2013 establishing the General Implementing Rules for public procurement contracts and for concessions for public works8;

Circulars of the Prime Minister with regards to public procurement contracts. All Belgian regulations on public procurement contracts can be consulted on

www.publicprocurement.be.

The following also apply to this contract:

The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – ‘GDPR’), and repealing Directive 95/46/EC;

The Law of 3 December 2017 establishing the Data Protection Authority; The Law of 30 July 2018 on the protection of natural persons with regard to the

processing of personal data; The Law of 12 January 2007 aiming at monitoring the application of the

resolutions from the world conference on women held in Beijing in September 1995 and at integrating the gender perspective into the whole of the federal policies.

4 http://www.ilo.org/ilolex/french/convdisp1.htm.5 Belgian Official Gazette 14 July 2016. 6 Belgian Official Gazette of 21 June 2013.7 Belgian Official Gazette 9 May 2017. 8 Belgian Official Gazette 27 June 2017.

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1.5 DefinitionsThe following definitions apply to this procurement contract:

The tenderer: An economic operator submitting a tender;

The contractor/ service provider: The tenderer to whom the procurement contract is awarded;

The contracting authority: Enabel, represented by the Resident Representative of Enabel in Tanzania;

The tender: Commitment of the tenderer to perform the procurement contract under the conditions that he has submitted;

Days: In the absence of any indication in this regard in the Tender Specifications and the applicable regulations, all days should be interpreted as calendar days;

Procurement documents: Tender Specifications including the annexes and the documents they refer to;

Technical specifications: A specification in a document defining the characteristics of a product or a service, such as the quality levels, the environmental and climate performance levels, the design for all needs, including accessibility for people with disabilities, and the evaluation of conformity, of product performance, of the use of the product, safety or dimensions, as well as requirements applicable to the product as regards the name by which it is sold, terminology, symbols, testing and test methods, packaging, marking or labelling, instructions for use, the production processes and methods at every stage in the life cycle of the supply or service, as well as the evaluation and conformity procedures;

Variant: An alternative method for the design or the performance that is introduced either at the demand of the contracting authority, or at the initiative of the tenderer;

Option: A minor and not strictly necessary element for the performance of the procurement contract, which is introduced either at the demand of the contracting authority, or at the initiative of the tenderer;

Inventory: The procurement document which splits up the performance in different items and specifies the quantity or the method to determine the price for each of them;

General Implementing Rules (GIR): Rules laid down in the Royal Decree of 14.01.2013 establishing the General Implementing Rules for public procurement contracts and for concessions for public works;

The Tender Specifications (Cahier spécial des charges/CSC): This document and its annexes and the documents it refers to;

Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a procurement contract or performance of a procurement contract already concluded with the contracting authority;

Litigation: Court action.

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1.6 ConfidentialityThe tenderer or contractor and Enabel are bound to secrecy vis-à-vis third parties with regards to any confidential information obtained within the framework of this procurement contract and will only divulge such information to third parties after receiving the prior written consent of the other party.

They will disclose this confidential information only among appointed parties involved in the assignment. They guarantee that said appointed parties will be adequately informed of their obligations in respect of the confidential nature of the information and that they shall comply therewith.

Privacy notice of Enabel: Enabel takes your privacy serious. We undertake to protect and process your personal data with due care, transparently and in strict compliance with privacy protection legislation.

See also: https://www.enabel.be/content/privacy-notice-enabel

1.6.1 Deontological obligationsAny failure to comply with one or more of the deontological clauses may lead to the exclusion of the candidate, tenderer or contractor from other public procurement contracts for Enabel.

For the duration of the procurement contract, the contractor and his staff respect human rights and undertake not to go against political, cultural or religious customs of the beneficiary country. The tenderer or contractor is bound to respect fundamental labour standards, which are internationally agreed upon by the International Labour Organisation (ILO), namely the conventions on union freedom and collective bargaining, on the elimination of forced and obligatory labour, on the elimination of employment and professional discrimination and on the abolition of child labour.

Any attempt of a candidate or a tenderer to obtain confidential information, to proceed to illicit arrangements with competitors or to influence the evaluation committee or the contracting authority during the investigation, clarification, evaluation and comparison of tenders and candidate’s procedure will lead to the rejection of the application or the tender.

Moreover, in order to avoid any impression of risk of partiality or connivance in the follow-up and control of the performance of the procurement contract, it is strictly forbidden to the contractor to offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of whatever value, to agents of the contracting authority who are concerned, directly or indirectly, by the follow-up and/or control of the performance of the procurement contract, regardless of their hierarchical rank.

Any tender will be rejected and any (public procurement) contract will be cancelled once it appears that the contract awarding or its performance induced the transfer of ‘extraordinary commercial expenditure’. Extraordinary commercial expenditure is any commission that is not mentioned in the main procurement contract or that does not result from a contract in good and due form referring to that procurement contract, any commission that is paid for no actual legal service, any commission transferred

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into a fiscal paradise, any commission transferred to a beneficiary that is not clearly identified or to a company that obviously merely serves as a façade.

The service provider of the public contract commits to supply, upon the demand of the contracting authority, any supporting documents related to the performance conditions of the contract. The contracting authority will be allowed to proceed to any control, on paperwork or on site, which it considers necessary to collect evidence to support the presumption of unusual commercial expenditure. Depending on the gravity of the facts observed, the contractor having paid unusual commercial expenditure is liable to have its contract cancelled or to be permanently excluded from receiving funds.

1.6.2 Applicable law and competent courtsThe procurement contract must be performed and interpreted according to Belgian law.

The parties commit to sincerely perform their engagements to ensure the good performance of this procurement contract.

In case of litigation or divergence of opinion between the contracting authority and the contractor, the parties will consult each other to find a solution.

If agreement is lacking, the Brussels courts are the only courts competent to resolve the matter.

2 Subject-matter and scope of the procurement contract

2.1 Type of procurement contractThis procurement contract is a services procurement contract.

2.2 Subject-matter of the procurement contractEnabel, through this contract is looking for consultant(s) to design and supervise construction of water supply schemes in Kibondo and Kakonko Districts.

For a full description of the object of the contract, please refer to section 5 “Terms of reference of this contract”

2.3 LotsThis contract has two Lots as follows:

a) Lot 1: Service Procurement for Kidyama (Kibondo) Pumping Water Supply Scheme.

b) Lot 2: Service Procurement for Kakonko Pumping Water Supply Scheme.

The tenderer may bid for one or both lots. Where the bidder opts to bid for both, they must demonstrate their capacity to carry out both assignments simultaneously.

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2.4 ItemsThis contract consists of the items mentioned at section 5 “Terms of reference”.

These items are grouped and form one single contract per lot. The tenderer must submit prices for all items of the contract for that particular lot.

2.5 DurationFor each of the lots, the contract begins upon award notification and has a duration as follows:

- 8 weeks for the Design phase - 24 weeks for the Works Supervision phase - 3 man-weeks for the Defects Liability Period

2.6 Quantity(Art. 57 of the Law of 17 June 2016)

The public contract’s estimated quantities are mentioned under points 6.2 “Tender form - Prices” and 5 “Technical specifications”. These quantities are mentioned as an indication.

3 Subject-matter and scope of the procurement contract

3.1 Award procedureNegotiated Procedure without Prior Publication in application of Article 42 of the Law of 17 June 2016.

3.2 Semi-official notification3.2.1 Enabel publication This procurement contract is published on the Enabel website (www.enabel.be ) and also on https://btctanzania.wordpress.com

3.3 InformationThe awarding of this procurement contract is coordinated by the Enabel Intervention Manager, Amos CHIGWENEMBE amos.chigwenembe@enabel.beThroughout this procedure all contacts between the contracting authority and the tenderers about this procurement contract will exclusively pass through this person. Tenderers are prohibited to contact the contracting authority in any other way with regards to this contract, unless otherwise stipulated in these Tender Specifications.

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Until the notification of the award decision no information will be given about the evolution of the procedure.In accordance with Article 81 of the Royal Decree of 18 April 2017, the tenderer is required to report immediately any gap, error or omission in the procurement documents that precludes him from establishing his price or compare tenders, within ten days at the latest before the deadline for receipt of tenders.

3.4 Evaluation of tendersThe tenderers' attention is drawn to Art. 52 of the Law of 17 June 2016 (Prior participation of tenderers) and Art. 51 of the Royal Decree of 18 April 2017 (Conflicts of Interest - Tourniquet).

Any infringement of these measures which may be likely to distort the normal conditions of competition is punishable in accordance with the provisions of Art. 5 of the Law of 17 June 2016 on public procurement. In practice, this penalty consists, as the case may be, either of rejecting the offer or of terminating the contract.

3.5 Tender3.5.1 Data to be included in the tenderThe tenderer must use the tender form in annexe. In case he does not use this form, he is fully responsible for the perfect concordance between the documents he has used and the form. 

The tender and the annexes to the tender form are drawn up in English.

By submitting a tender, the tenderer automatically renounces to his own general or specific sales conditions, even if these are mentioned in any of the annexes to his tender.

The tenderer clearly designates in his tender which information is confidential and/or relates to technical or business secrets and may therefore not be divulged by the contracting authority.

3.5.2 Period the tender is validThe tenderers are bound by their tender for a period of 90 calendar days from the reception deadline date. The validity of the tender will be negotiated, if the deadline stated above is overrun.

3.5.3 Determination of pricesAll prices given in the tender form must obligatorily be quoted in EUROS.

This procurement contract is a lump sum contract, meaning a contract in which a flat rate price covers the whole performance of the contract or each of the items of the inventory.

In accordance with Article 37 of the Royal Decree of 18 April 2017, the contracting authority may for the purpose of verifying the prices carry out an audit of any and all accounting documents and an on-site audit to check the correctness of the indications supplied.

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3.5.3.1 Elements included in the price(Art. 32 §3 Royal Decree 18.04.2017)

Except for VAT, the unit prices include all costs, taxes, duties and contributions of any kind, and namely:

Fees, the per diems, accommodation costs, international travel costs (to/from Tanzania and within Tanzania), insurance costs, security costs, visa costs, communication costs (including the internet, laptop, printer, smartphone), administrative and secretariat costs, photocopy and printing costs, costs for documentation of the services that can be required by the contracting authority, the production and delivery of documents or records linked to the performance of the services, the customs and excise duties for materials and products used, the packaging costs, the acceptance costs, all costs, staff and material expenses needed to perform the present contract, the copyright fees, the purchase or leasing of third party services needed for the performance of the contract and costs for any possible intellectual property rights. Unchargeable days= sick leave, holidays, travel days, public holidays.

3.5.4 How to submit tenders?The tender will be drawn up in 2 copies, one copy of which will mention “original” and the copy of which will mention “copy”. The copy may be submitted in one or more PDF files on USB stick/CD. Without prejudice to any variants, each tenderer may only submit one tender per lot and per contract.

The tender and all accompanying documents have to be numbered and signed (original hand-written signature) by the tenderer or his/her representative. The same applies to any alteration, deletion or note made to this document. The representative must clearly state that he/she is authorised to commit the tenderer. If the tenderer is a company / association without legal body status, formed by separate natural or legal persons (temporary group or temporary partnership), the tender must be signed by each of these persons.

The signed and dated original and “copy” will be sent in a sealed enveloped mentioning: “Tender TAN 141“. One original copy of the completed tender will be submitted on paper. Moreover, the tenderer shall attach copies of their bids in PDF files on a USB stick.It is submitted in a properly sealed envelope bearing the following information: Design and Supervision Consultancy Service – TAN 141Closing of receiving bids will be September 30, 2020 at 12 noon. All bids must be sent to:

Intervention Manager: Amos Chigwenembe.It may be submitted:a) By mail (standard mail or registered mail)In this case, the sealed envelope is put in a second closed envelope addressed to:EnabelIntervention Manager Enabel - WASKIRP

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Lake Tanganyika Basin Water Board CompoundP.O. Box 24,Kigomab) Delivered by hand with acknowledgement of receipt.The service can be reached on working days during office hours: from 9 am to 12 pm and from 1 pm to 5 pm.

Any request for participation or tender must arrive before the final submission date and time. Requests for participation or tenders that arrive late will not be accepted9.

3.5.5 Change or withdrawal of a tender that has already been submitted

To change or withdraw a tender already sent or submitted, a written statement is required, which shall be correctly signed by the tenderer or his/her representative. The object and the scope of the changes must be described in detail. Any withdrawal shall be unconditional.

The withdrawal may also be communicated by fax or electronic means, provided that it is confirmed by registered letter deposited at the post office or against acknowledgement of receipt at the latest the day before the tender acceptance deadline.

3.6 Evaluation of tendersThe tenderers' attention is drawn to Art. 52 of the Law of 17 June 2016 (Prior participation of tenderers) and Art. 51 of the Royal Decree of 18 April 2017 (Conflicts of Interest - Tourniquet).

Any infringement of these measures which may be likely to distort the normal conditions of competition is punishable in accordance with the provisions of Art. 5 of the Law of 17 June 2016 on public procurement. In practice, this penalty consists, as the case may be, either of rejecting the offer or of terminating the contract.

Conflicts of interest and revolving doors mechanism

As part of the fight against conflicts of interests, in particular in view of avoiding revolving doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 2003, the tenderer shall refrain from relying on any former (internal or external) collaborators of Enabel, within two years from his/her/their resignation, retirement or any other type of departure from Enabel, for whatever reason, directly or indirectly, for the elaboration and/or submission of its tender or any other intervention under the award procedure or for tasks to be conducted as part of the performance of this procurement contract.

The above provision does however only apply when there is a direct link between the preceding activities conducted for the contracting authority by the person(s) concerned and his/her/their activities for this procurement contract.

Any breach of this measure liable to distort the normal conditions of competition is subject to a sanction in accordance with the provisions of Article 5 of the Law of 17

9Art. 83 of the Royal Decree Award

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June 2016 on public procurement contract and certain procurement contracts works, supplies and services. In concrete terms, this sanction, depending on the case, consists of discarding the tender or terminating the procurement contract.

3.6.1 Access rights and Selection of tenderers Articles 66 – 80 of the Law; Articles 59 to 74 Royal Decree Award

3.6.1.1 Selection criteriaArticle 71 of the Law and Articles 65 to 74 of the Royal Decree of 18.04.2017

Moreover, by means of the documents requested in the ‘Selection file’, the tenderer must prove that he is sufficiently capable, from an economic and financial as well as from a technical point of view, to successfully perform this public service procurement contract.Access rights

Art. 61 and seq. of the Royal Decree of 18 April 2017 and 67 and seq. of the Law of 17 June 2016

By submitting this tender, the tenderer certifies that he is not in any of the cases of exclusion listed in point “Declaration on access rights and exclusion criteria”.

The tenderer will provide the required supporting document(s) with regard to the exclusion criteria mentioned here under to the contracting authority at the latest upon contract awarding.

1. The document certifying that the tenderer is in order with the payment of social contributions, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in a EU Member State.

2. The document certifying that the tenderer is in order with the payment of levies and taxes, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in a EU Member State.

3. The document certifying that the tenderer is not into bankruptcy, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in a EU Member State.

The above-mentioned documents are to be recent; recent means they are established less than three months before the tender submission deadline.

Tenderers of Belgian nationality who have an enterprise number only have to provide the extract of the criminal record. The contracting authority will itself verify the situation of the tenderer for points 2, 3 and 4 via the Télémarc platform.

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Pursuant to section 70 of the Law of 17 June 2016, any tenderer who is in one of the situations referred to in sections 67 or 69 of the Law of 17 June 2016 may provide evidence to show that the actions taken by him are sufficient to demonstrate his reliability despite the existence of a relevant ground for exclusion. If this evidence is considered sufficient by the contracting authority, the tenderer concerned is not excluded from the award procedure.

The contracting authority may also check whether there are grounds for exclusion for subcontractor(s) within the meaning of Articles 67 to 69 of the Law of Law of 17 June 2016.

Selection criteria

Art. 65 and seq. of the Royal Decree of 18 April 2017

Moreover, by means of the documents requested above, the tenderer must prove that he is sufficiently capable to successfully perform this public procurement contract.

Pertaining to the financial capacity:

The consultant must be able to demonstrate their financial capacity through the provision of a declaration on his honour in which he indicates his annual turnover for the years 2017, 2018 and 2019. The average yearly turnover for these three years must amount to 100,000 euros.

Pertaining to the technical capacity:The tenderer must joint to his bid:

a) References: The tenderer must joint to his bid five references of water supply (or similar) projects for the past 5 years

b) Registration with recognizable national engineers’ board: Provide certification of registration

c) Proposed team: This must be a team of professionals with a track record in supervising similar works. Each of the key team members outlined below, must demonstrate to have played a key supervisory role in a minimum of 3 similar assignments. To be selected, the tenderer must include with his offer the CVs of 3 experts who meet the following minimum requirements. The CVs must be duly signed:

Technical Leadership: Shall have at least a Bachelor’s Degree in Civil Engineering and at least 10 years general experience 6 of which of relevant experience in pipeline and reinforced concrete structures design and construction supervision. The team leader should have experience in gravity-fed schemes.

Structural Engineer/Hydraulic Engineer: Shall have at least a Bachelor’s Degree in Civil/ Structural Engineering particularly in reinforced concrete and steel designs or its equivalent and at least 7 years of relevant experience. The

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Engineer should have experience in designing, detailing and construction management of water retaining structures, pipe lines, pumping stations etc.

Inspector of Works: Shall have at least a Bachelor’s Degree in Civil Engineering with at least five (5) years of relevant experience in pipeline and concrete works.

d) Methodology

The tenderer must propose in his offer a methodology (understanding of ToR, strategy, timetable of activities and statement of availability) based on the instructions given in the Terms of Reference.

Understanding of ToR: The consultant shall demonstrate their comprehension of this consultancy by articulating clearly their understanding without copying and pasting any section of the terms of reference (any copying and pasting will signal no understanding of the assignment). The consultants’ previous experience presented in lessons learnt in executing similar assignment will be invaluable. The bidder will express their opinion on the key issues related to the achievement of the contract objectives and expected results and shall present explanation of risks and assumptions affecting the execution of this contract.

Strategy: The consultant shall further present an outline of the approach proposed for contract implementation, a list of the proposed tasks they consider necessary to achieve the contract objectives, inputs and outputs.

Work plan and timetable of activities: The bidder shall outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones. The identification and timing of major milestones in executing the contract, including an indication of how the achievement of these would be reflected in any reports, particularly those stipulated in the terms of reference section of this document. The methodologies contained in the offer should include a work plan indicating the envisaged resources to be mobilised.

Please note that your “understanding of ToR” and “strategy” of the methodology - this should not exceed 8 pages and it must be conspicuous in your bid.

3.6.2 Tender examination modalitiesOnly tenders from tenderers who meet the selection criteria are taken into consideration in order to participate in the comparison of tenders on the basis of the award criteria set out below, subject to the regularity of these tenders.

3.6.3 NegotiationsArt. 90 and seq. of the Royal Decree of 18 April 2017

The formally and materially regular tenders shall be evaluated as to content by an evaluation commission. This evaluation shall be conducted on the basis of the award criteria mentioned below.

The contracting authority may decide to conduct negotiations with the most advantageous tenderers. After these negotiations, the tenderers can submit a best and final offer.

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The tenderer whose tender is regular and the most advantageous on the basis of the award criteria mentioned below shall be designated the successful tenderer for this contract.

3.6.4 Award criteriaArt. 81 of the Law of 17 June 2016

The contracting authority selects the regular tender that it finds to be most advantageous, taking account of the bid price.

With regards to this ‘price’ criterion, the following formula will be used:

Points tender A = amount of lowest tender amount of tender A

The procurement contract will be awarded to the tenderer with the highest final score, after the contracting authority has verified the accuracy of the Declaration on honour of this tenderer and provided the control shows that the Declaration on honour corresponds with reality.

3.6.5 Awarding the public contractArt. 77 and seq. of the Royal Decree of 18 April 2017

The contract will be awarded to the (selected) tenderer who submitted the most advantageous tender on the basis of the criteria mentioned above. We need to point out though, that in conformity with Art. 85 of the Law of 17 June 2016, there is no obligation for the contracting authority to award the contract.

The contracting authority can either renounce to award the contract, either redo the procedure, if necessary, through another awarding procedure.

3.7 Concluding the contractPursuant to Art. 88 of the Royal Decree of 18 April 2017, the contract is formalized by the notification to the chosen tenderer of the approval of his tender. Notification is by registered letter, by any electronic means in as far, in the latter two cases, the content of the notification be confirmed within five calendar days by registered letter.

So, the full contract agreement consists of a public contract awarded by Enabel to the chosen tenderer in accordance with the following documents, in the order of precedence:

the registered letter of notification of the award decision,

these tender documents and the annexes,

if any, minutes of the information session and/or clarifications and/or the addendum,

the tender and all its annexes,

any later documents that are accepted and signed by both parties.

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4 Special contractual provisionsThis chapter of these Tender Specifications holds the specific provisions that apply to this public procurement contract as a derogation of the 'General Implementing Rules for public procurement contracts and for public works concessions’ of the Royal Decree of 14 January 2013, hereinafter referred to as 'GIR', or as a complement or an elaboration thereof. The numbering of the articles below (between brackets) follows the numbering of the GIR articles. Unless indicated, the relevant provisions of the General Implementing Rules (GIR) apply in full.

These Tender Specifications derogate from Article 26 (performance bond) of the GIR.

4.1 Managing official (Art. 11)The managing official is Mr. Amos CHIGWENEMBE;

Once the procurement contract is concluded, the managing official is the main contact point for the service provider. Any correspondence or any questions with regards to the performance of the procurement contract will be addressed to him, unless explicitly mentioned otherwise in these Tender Specifications.

The managing official is responsible for the follow-up of the performance of the contract.

The managing official is fully competent for the follow-up of the satisfactory performance of the procurement contract, including issuing service orders, drawing up reports and states of affairs, approving the services, progress reports and reviews. He may order any modifications to the procurement contract with regards to its subject-matter provided that they remain within its scope.

However, the signing of amendments or any other decision or agreement implying derogation from the essential terms and conditions of the procurement contract are not part of the competence of the managing official. For such decisions the contracting authority is represented as stipulated under the contracting authority.

Under no circumstances is the managing official allowed to modify the terms and conditions (e.g. performance deadline) of the contract, even if the financial impact is nil or negative. Any commitment, change or agreement that deviates from the conditions in the Tender Specifications and that has not been notified by the contracting authority, will be considered null and void.

4.2 Subcontractors (Art. 12 to 15)The fact that the contractor entrusts all or part of his commitments to subcontractors does not relieve him of liability to the contracting authority. The latter does not recognise any contractual relation with third parties.

The contractor remains, in any case, solely liable to the contracting authority.

The service provider commits to having the procurement contract performed by the persons indicated in the tender, except for force majeure. The persons mentioned or their replacements are all deemed to effectively be involved in the performance of the procurement contract. Any replacements must be approved by the contracting

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authority.

4.3 Confidentiality (Art. 18)The service provider and his employees are bound by a duty of reserve concerning the information which comes to their knowledge during performance of this procurement contract. This information may not under any circumstances be communicated to third parties without the written consent of the contracting authority. The service provider may, nevertheless, list this procurement contract as a reference, provided that the status is correctly indicated (e.g. ‘in performance’) and that the contracting authority has not withdrawn this consent due to poor contract performance.

4.4 Intellectual property (Art. 19 to 23)§1 The contracting authority acquires the intellectual property rights created, developed or used during performance of the contract.

Without prejudice to clause 1 and unless otherwise stipulated in the procurement documents, when the subject-matter of the procurement contract consists of the creation, manufacture or the development of designs or of logos, the contracting authority acquires the intellectual property thereof, as well as the right to trademark them, to have them registered and to have them protected.

For domain names created under the procurement contract, the contracting authority also acquires the right to register and protect them, unless otherwise stipulated in the procurement documents.

When the contracting authority does not acquire the intellectual property rights, it obtains a patent licence of the results protected by intellectual property law for the exploitation modes that are mentioned in the procurement documents.

The contracting authority lists the exploitation modes for which it intends to obtain a licence in the procurement documents.

4.5 Performance bond (Art. 25 to 33)The performance bond is set at 5 % of the total value, excluding VAT, of the procurement contract. The value thus obtained is rounded up to the nearest 10 euros.

In accordance with the legal and regulatory provisions, the performance bond may be constituted either of cash or of public funds or may take the form of a joint performance bond.

The performance bond may also take the form of a surety bond issued by a credit institution meeting the requirements of the law on the statute and control of credit institutions, or by an insurance company meeting the requirements of the law on control of insurance companies and approved for branch 15 (bonds).

As a derogation from Article 26, the performance bond may be posted through an establishment that has its registered office in one of the countries of destination of the services. The contracting authority maintains the right to accept or refuse the posting of the bond through that institution. The tenderer shall mention the name and address of this institution in the tender.

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This derogation is founded on the idea of providing possible local tenderers with an opportunity to submit a tender. This measure is made essential by the specific requirements of the contract.

The contractor must, within 30 calendar days from the day of procurement contract conclusion, furnish proof that he or a third party has posted the bond in one of the ways set out below:

1° in the case of cash, by transfer of the amount to the account number of the Deposit and Consignment Office Fill out the form https://finances.belgium.be/sites/default/files/01_marche_public.pdf as completely as possible and return it to the e-mail address: info.cdcdck@minfin.fed.be After reception and validation of said form, an agent of Belgium’s Deposit and

Consignment Office (Caisse des Dépôts et Consignations) will communicate to you the payment instructions (account number + communication) for posting the bond in cash;

2° in the case of public funds, by depositing such funds, for the account of the Deposit and Consignment Office, with the State Cashier at the head office of the National Bank in Brussels or at one of its provincial agencies or with a public institution with an equivalent function;

3° in the case of a joint surety, by deposit via an institution that lawfully carries out this activity of a deed of joint surety with the Deposit and Consignment Office or with a public institution with an equivalent function;

4° in the case of a guaranty, by the deed of undertaking of the credit institution or the insurance company.

This proof must be provided as applicable by submission to the contracting authority of:

1° the deposit receipt of the Deposit and Consignment Office or of a public institution with an equivalent function; or

2° a debit notice issued by the credit institution or the insurance company; or

3° the deposit certificate issued by the State Cashier or public institution with an equivalent function; or

4° the original copy of the deed of joint surety stamped by the Depot and Consignment Office or by a public institution with an equivalent function; or

5° the original copy of the deed of undertaking issued by the credit institution or the insurance company granting a guaranty.

These documents, signed by the depositor, must state why the performance bond was posted and its precise usage, consisting of a concise indication of the subject-matter of the procurement contract and a reference to the procurement documents, as well as the name, first name and full address of the contractor and, where relevant, that of the third party that made the deposit on the contractor’s account, bearing the statement 'lender' or 'mandatory', as appropriate.

The period of 30 calendar days specified above is suspended during the period of closure of the contractor’s business for paid annual holidays and the days off in lieu stipulated by regulation or by a collective binding labour agreement.

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Proof that the required performance bond has been posted must be sent to the address that will be mentioned in the contract conclusion notification.

Request by the contractor for the acceptance procedure to be carried out:

1° For the provisional acceptance: This is equal to a request to release the first half of the performance bond;

2° For the final acceptance: This is equal to a request to release the second half of the performance bond, or, in case no provisional acceptance applied, to release the whole of the performance bond.

4.6 Conformity of performance (Art. 34) The works, supplies and services must comply in all respects with the procurement documents. Even in the absence of technical specifications in the procurement documents, the works, supplies and services must comply in all aspects with good practice.

4.7 Changes to the procurement contract (Art. 37 to 38/19)

4.7.1 Replacement of the contractor (Art. 38/3)Provided that he meets the selection and exclusion criteria set out in this document, a new contractor may replace the contractor with whom the initial procurement contract was agreed in cases other than those provided for in Art. 38/3 of the General Implementing Rules (GIR).

The contractor submits his request as quickly as possible by registered post, stating the reasons for this replacement and providing a detailed inventory of the state of supplies and services already performed, the new contractor's contact details and the documents and certificates which the contracting authority cannot access free of charge.

The replacement will be recorded in an amendment dated and signed by all three parties. The initial contractor remains liable to the contracting authority for the performance of the remainder of the procurement contract.

4.7.2 Indemnities following the suspensions ordered by the contracting authority during performance (Art. 38/12)

The contracting authority reserves the right to suspend the performance of the procurement contract for a given period, mainly when it considers that the procurement contract cannot be performed without inconvenience at that time.

The performance period is extended by the period of delay caused by this suspension, provided that the contractual performance period has not expired. If it has expired, the return of fines for late performance will be agreed.

When activities are suspended, based on this clause, the contractor is required to take all necessary precautions, at his expense, to protect the services already performed and the materials from potential damage caused by unfavourable weather conditions, theft or other malicious acts.

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The contractor has a right to damages for suspensions ordered by the contracting authority when:

The suspension lasts in total longer than one twentieth of the performance time and at least ten working days or two calendar weeks, depending on whether the performance time is expressed in working days or calendar days;

The suspension is not due to unfavourable weather conditions;

The suspension occurred during the contract performance period.

Within thirty days of their occurrence or the date on which the contractor or the contracting authority would normally have become aware of them, the contractor reports the facts or circumstances succinctly to the contracting authority and describes precisely their impact on the progress and cost of the procurement contract.

4.7.3 Unforeseen circumstancesAs a rule, the contractor is not entitled to any modification of the contractual terms due to circumstances of which the contracting authority was unaware.

A decision of the Belgian State to suspend cooperation with a partner country is deemed to be unforeseeable circumstances within the meaning of this article. Should the Belgian State break off or cease activities which implies therefore the financing of this procurement contract, Enabel will do everything reasonable to agree a maximum compensation figure.

4.8 Preliminary technical acceptance (Art. 42)The contracting authority reserves the right to demand an activity report at any time of the assignment to the service provider (meetings held, persons met, institutions visited, summary of results, problems encountered and unresolved issues, deviations from the planning and deviations from the ToR).

4.9 Performance modalities (Art. 146 et seq.)4.9.1 Deadlines and terms - Implementation period (Art. 147)

The consultancy shall be for a period of eight (8) weeks (design phase) and 7 months (supervision) for each lot, being the period for the construction works. However, since the final completion of the works will be after 365 calendar days which is at the end of the warranty/defects’ liability period, the consultant shall provide quarterly checks of the performance of the commissioned water supply systems during this period.

4.9.2 Place where the services shall be performed (Art. 149)The services shall be performed at the following address: Kidyama Village in Kasulu District for Lot 1; and for Lot 2, in Kiziguzigu, Kakonko and Kasuga Wards in Kakonko District.

4.9.3 Evaluation of the services performedIf during contract performance irregularities are found, the service provider shall be notified about this immediately by fax or e-mail, which shall be confirmed

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consequently. The service provider is bound to perform the non-complying services again.

When the services have been performed, the quality and conformity of the services shall be evaluated. A report of this evaluation shall be drawn up. The original copy of this report will be sent to the service provider. Any services that have not been performed correctly or in conformity shall be started again.

4.9.4 Liability of the service provider (Art. 152-153)The service provider takes the full responsibility for mistakes and deficiencies in the services provided.

Moreover, the service provider shall guarantee the contracting authority against any claims for compensation for which he is liable towards third parties due to late performance of the services or due to failure of the service provider.

4.10Means of action of the contracting authority (Art. 44-51 and 154-155)

The service provider's default is not solely related to services as such but also to the whole of the service provider's obligations.

In order to avoid any impression of risk of partiality or connivance in the follow-up and control of the performance of the procurement contract, it is strictly forbidden to the service provider to offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of whatever value, to the employees of the contracting authority who are concerned, directly or indirectly, by the follow-up and/or control of the performance of the procurement contract, regardless of their hierarchical rank.

In case of violation, the contracting authority may impose a lump-sum fine to the service provider for each violation, which can be to up to three times the amount obtained by adding up the (estimated) values of the advantage offered to the employee and of the advantage that the contractor hoped to obtain by offering the advantage to the employee. The contracting authority will decide independently about the application and the amount of this fine.

This clause is without prejudice to the possible application of other measures as of right provided in the GIR, namely the unilateral termination of the procurement contract and/or the exclusion of procurement contracts of the contracting authority for a determined duration.

4.10.1 Failure of performance (Art. 44)§1 The contractor is considered to be in failure of performance under the procurement contract:

1° when the delivery is not carried out in accordance with the conditions specified in the procurement documents;

2° at any time, when the delivery has not progressed in such a way that it can be fully completed on the due dates;

3° when he does not observe written orders, which are given in due form by the contracting authority.

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§2 Any failure to comply with the provisions of the procurement contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail.

The contractor must repair the defects without any delay. He may assert his right of defence by registered letter addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed as acknowledgement of the reported facts.

Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 154 and 155.

4.10.2 Fines for delay (Art. 46 and 154)The fines for delay differ from the penalties referred to in Article 45. They are due, without the need for notice, by the mere lapse of the performance term without the issuing of a report and they are automatically applied for the total number of days of delay.

Without prejudice to the application of fines for delay, the contractor continues to guarantee the contracting authority against any damages for which it may be liable to third parties due to late performance of the procurement contract.

4.10.3 Measures as of right (Art. 47 and 155)§1 When, upon expiry of the term given in Article 44, §2, the contractor has not taken action or has presented means deemed unjustified by the contracting authority, the contracting authority may apply the measures as of right described in paragraph 2.

However, the contracting authority may apply measures as of right without waiting for the expiry of the term given in Article 44, §2, when the contractor has explicitly recognised the defects found.

§2 The measures as of right are:

1° Unilateral termination of the procurement contract. In this case the entire performance bond, or if no bond has been posted an equivalent amount, is acquired as of right by the contracting authority as lump sum damages. This measure excludes the application of any fine for delay in performance in respect of the terminated part;

2° Performance under regie of all or part of the non-performed procurement contract;

3° Conclusion of one or more replacement procurement contracts with one or more third parties for all or part of the procurement contract remaining to be performed.

The measures referred to in 1°, 2° and 3° will be taken at the expense and risk of the defaulting contractor. However, any fines or penalties imposed during the performance of a replacement procurement contract will be borne by the new contractor.

4.11General payment modalities (Art. 66-72 and 160)Payments shall be made in three stages against upon fulfilment of the respective tasks and acceptable performance against the deliverables outlined in section 5 of this contract. The structure of the payments for each lot shall be as follows:

a) 35% for the Design Phase (refer to section 5.5.3)b) 55% for the Supervision Phase (refer to section 5.6.6)

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c) 10% for the Defects Liability Period (refer to section 5.6.6).

The amount owed to the service provider must be paid within 30 calendar days with effect from the expiry of the verification period (see point “Acceptance of the servicesperformed”), and provided that the contracting authority possesses, at the same time, the duly established invoice.

The invoices will be submitted by the representative of the supplier in two copies, one copy of which will mention “original” and the other copy of which will mention “copy”; it will mention WASKIRP as the name of the project:

The Intervention ManagerC/o Lake Tanganyika Basin Water Board Premises,

P.O. Box 24, Kigoma-Tanzania

The invoice will mention:

“Enabel

the reference of the tender documents: “TAN 141 - Consultancy Service to Design and Supervise Works for Kifura and Kakonko Water Supply Schemes”

the Navision TAN1403211

the name of the contract manager: “Mr. Amos CHIGWENEMBE”;

The invoice shall be in euros. The contractor is responsible to include the applicable VAT in his/her invoice.The invoice will be signed and dated, and will include the statement: “Certified true and sincere for the amount of …… (amount in words)”.

The invoice will be sent together with an accurate time-sheet, co-signed by the representative of the SRSS (précising the activities implemented per date, and stating “For provisional acceptance of the services provided by the Consultant”).

Only services that have been performed correctly (based on signed time-sheet) may be invoiced and paid.The amount owed to the service provider must be paid to the service provider within thirty days as of the reception of the invoice in due form.When the contract documents do not provide for any separate debt claim, the invoice shall constitute the debt claim.No advance may be asked by the contractor.

4.12End of the contract (Art. 64-65, 150 and 156-157)A representative of the contracting authority shall closely follow up the contract during performance (see point “Contract manager (Art. 11)”).

4.12.1 Acceptance of the services performedThe services shall be only accepted after fulfilling requirements and after technical acceptance(s).

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Provisional / final acceptance(s) shall be provided upon completion of performance of the services as mentioned in the Terms of Reference (see also point “General payment modalities (Art. 66-72 and 160)”).

Upon expiration of the thirty-day period following the date stipulated for completion of the entirety of the services, depending on the case, an acceptance report or a refusal of acceptance report shall be drawn up.

Where the services are completed before or after this date, it shall be the responsibility of the service provider to notify the contract manager by registered letter, and at the same time to ask for the acceptance procedure to be carried out. Within thirty calendar days after the date of receipt of the service provider’s request, an acceptance or a refusal of acceptance report shall be drawn up, depending on the case.

4.13Modifications to the contract (Art. 37-38 and 151)The contracting authority has the right to change the initial tender unilaterally, if the following conditions are respected:

1° the scope of the contract remains unaltered;

2° the modification is limited to 10 % of the initial awarded amount.

The essential terms and conditions can only be modified with reasons, to be mentioned in an amendment.

4.14Litigation (Art. 73)This contract and all legal consequence that might ensue fall fully within the scope of Belgian law. In case of litigation or divergence of opinion between the contracting authority and the service provider, the parties will consult each other to find a solution.

If agreement is lacking, the competent courts of Brussels shall have exclusive jurisdiction over any dispute arising from the performance of this contract. French or Dutch are the languages of proceedings.

The contracting authority shall in no case be held liable for any damage caused to persons or property as a direct or indirect consequence of the activities required for the performance of this contract. The service provider guarantees the contracting authority against any claims for compensation by third parties in this respect.

In case of “litigation”, i.e. court actions, correspondence must (also) be sent to the following address:

Enabel, Public-law Company with social purposesLegal unit of the Logistics and Acquisitions service (L&A)

To the attention of Ms. Inge JanssensRue Haute 147, 1000 Brussels, Belgium.

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5 Terms of Reference

5.1 IntroductionThe Government of Tanzania through the Ministry of Water, in collaboration with development partners, is investing in improving water supply infrastructure in the country. The improvements include construction of new water supply systems and rehabilitating and/or expanding the existing ones. Overall, most water supply systems which were constructed a couple of decades ago, are presently not functioning. This situation is attributed to many factors which include inappropriate planning and design considerations, water resource deficiency, ageing infrastructure, weak management structures with poor operations and maintenance arrangements.

Water and Sanitation Kigoma Region Project (WASKIRP) is a 5-year partnership project between the Governments of Belgium and Tanzania. The Belgian government has committed €8 million while the Government of Tanzania has pledged €800,000. The project is anchored in the Regional Administrative Secretariat in Kigoma where Enabel is managing it in partnership with the Ministry of Water. Enabel is a Belgian public development agency mandated by the Belgian Government to oversee the project’s execution. Enabel has a country office in Dar es Salaam and project offices in Kigoma.

5.2 Background information

WASKIRP is aligned to Tanzanian Government development strategies and policies, including the Water Sector Development Program (WSDP) II. The WSDP II is a national government programme that seeks to strengthen the water sector institutions for integrated water resources management and improved access to water supply and sanitation services. The general objective of WASKIRP is to contribute towards equitable development and poverty reduction among Kigoma communities through improved access to safe and clean water supply and sanitation services. Specifically, the project seeks to increase access to safe water and sanitation services and reduce the burden related to water and sanitation amongst communities especially women and the youth in Kigoma region. It does so while addressing related environmental and social issues including gender and HIV/AIDS.

The project is aligned to national policies and strategies, contributing directly to the implementation of Tanzania Water Supply Development Programme (WSDP) and the MOWI Sustainability Strategy (2015–2020). Consequently, the project supports the

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establishment, training and coaching of Community Owned Water Supply Organizations (COWSOs). A pre-requisite for effective performance of COWSOs, the project seeks to ensure that water sources suffice the long-term water demand, that technical improvements of existing infrastructures are assessed, designed and implemented with a view of sustaining the water supply service in the long run.

WASKIRP targets six sites in Kigoma, Uvinza, Kasulu, Buhigwe, Kibondo, and Kakonko Districts. The selected areas cover twenty-six villages with an estimated population of 200,000. The project aims at three main results as follows:

a) Community-Based Water Supply Organisations (CBWSO) are managing rural water supply schemes in a sustainable way;

b) 200,000 inhabitants have access to safe drinking water that reduces water related burden through rehabilitation and extension of existing assets;

c) Households have improved their hygiene practices towards water collection, transport, storage and use.

Currently, feasibility and design studies have been completed in 4 districts in the region. Only in the targeted communities in Kasulu and Kakonko the studies are remaining. However, hydrogeological survey is done in Kidyama village in Kasulu district. Drilling will soon start and is expected to be completed along with pumping tests by the time this contract is awarded. In Kakonko District, two boreholes were drilled and pumping tests were carried out. The estimated demand for the targeted villages however, is higher than the yielding capacity of the boreholes and therefore the project has identified a new surface water sources for which feasibility studies are needed and shall form part of this consultancy service.

5.3 Objective of the assignment

The objective of this consultancy assignment is two-fold: (a) to prepare detailed engineering designs and tender documents for mains and distribution pipelines and associated facilities (including storage reservoirs, pumping stations and distribution points) and (b) supervise of the works of the two schemes.

5.4 Scope of the consultancy

The scope of the assignment includes the following key tasks: (a) Carry out preliminary design studies (b) undertake technical studies for the proposed water

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supply schemes; (c) prepare detailed designs, drawings and technical specifications for the infrastructure; (d) prepare tender documents for each of the scheme; (e) participate in selection of contractors for the works. (f) supervise the works.

Thus, the assignment shall be conducted in two parts: Part 1: Technical studies, detailed design and development of tender documents. Both these phases shall be undertaken on a lump-sum contract. The consultant shall take full responsibility of the designs but shall collaborate with stakeholders, principal of which is the Rural Water Supply Agency (RUWASA). The consultant shall be required to make consultations with respective communities in the two districts to take into account their social and economic needs.

5.5 Design Phase

5.5.1 Tasks under this phase5.5.1.1 Preliminary Design Studies

The consultant will be required to undertake an appraisal of the assignment and establish the design criteria through a number of processes in either or both of the proposed sites. The water resources availability and water demand have been established through hydrogeological surveys, pumping tests and baseline survey. Data related to water availability of water, water quality test results, pumping test results (for Kidyama scheme) and discharge measurements will be made available at the onset of the study.

The activities will include but not limited to:a) Carefully read these terms of reference and related annexures; b) Review and analyze all relevant existing information, data, documents10

(including pumping test protocols and results for boreholes; stream/river flow measurements protocols and results for surface water;) settlement plans and technical requirements from the Government of Tanzania pertaining to rural

10 The resource in Kidyama is considered fully addressed with the availed information. No additional pumping tests will be required. The below studies shall be communicated (if available) prior to the mission: Pumping test results; Water quality results; Prefeasibility studies carried out on similar infrastructure in the region either by the project itself or not; legal framework specifying the national standards applicable (namely in terms of water quality, daily consumption or acceptable distance); Standard drawings for the type of infrastructure; Socio-economic data; BOQs of recent similar works contract in the region.

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water supply schemes and designs. In all cases, water quality analysis results will be compared to national standards

c) Determine the design criteria in terms of:

i) Water demandii) Hydraulic calculationiii) Infrastructure construction (size, technology, etc.)

d) Seek to understand different perspectives about the targeted schemes. e) Undertake field reconnaissance surveys to establish field conditions, special

features requiring attention before a full-fledged study is undertaken (reconnaissance of the prevailing field condition and diagnostic of the existing infrastructure, including the acquisition of GPS data to adequately locate the water sources and all relevant infrastructure (existing and planned); locating the satisfied and to be satisfied water demand and quantifying this demand according to the national standards). All preliminary design steps requiring elevation or topographic data shall be based on available Digital Surface Models/Digital Elevation Models.

f) Assess the current condition of the service reservoirs at Kidyama and Kakonko, recommend their usability or otherwise, determine rehabilitation requirements and or propose new sites for the new reservoirs where necessary.

g) Conduct studies to determine energy requirements of each scheme and propose the most sustainable energy supply options to meet those requirements.

h) Undertake a desk study stage to: Locate the quantified water demand based on satellite images; Validate the number of public taps necessary to meet the standards; Propose a simplified version of the distribution network with indicative

diameters. A simplified model hydraulic model shall be drafted; According to the demand, do a preliminary design of the storage

requirements in terms of size and location; Propose a simplified version of the main conveyance pipes from the water

resource to the tank(s). A simplified model shall be drafted; Preliminary sizing of the pump and of the power system shall be done. This

will be based on simple but reliable calculations; If relevant, a comparison of different options (storage size and number, type

of network structure, etc.). this comparison shall be based on technical and financial costs (including investment and running costs);

Draft the standard drawings for construction works; Produce preliminary network maps;

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Produce the BOQs and corresponding cost estimates. The cost estimates are expected to have an accuracy of 30%.

The preliminary designs done at feasibility stage will be used to perform a multi-criteria analysis in order to select the option or series of options for which a detailed design will be done. This analysis will be based on the following criteria: (i) effectiveness, (ii) efficiency, (iii) cost (investment and running), (iv) operations and maintenance. The feasibility study report will present the options to ENABEL who will, with his partners, select the option to be studied at detailed design stage. Only one option or scenario will be studied for each site.

5.5.1.2 Technical Studies, Preparation of Designs, Drawings and Tender Documents

The consultant will conduct preliminary surveys and undertake studies for pipeline routes, determine appropriate locations of new service reservoirs where new ones are deemed necessary, and prepare detailed engineering designs, drawings, cost estimates, technical specifications and tender documents for each scheme.

All the engineering designs shall be prepared in sufficient details to ensure there is no ambiguity in understanding them. All the designs should be in conformity with the best international/national engineering standards while also considering more importantly, that they are cost effective, affordable and consistent with the priorities of the user communities. All necessary calculations should be prepared to determine and justify the proposed engineering solution. Immediately after a set of the technical documents are completed per scheme, works shall be tendered. It is therefore expected that works would run concurrently with design studies for other schemes.

5.5.1.3 Conducting Design Studies

For the selected options, the consultant will be expected to:a) Conduct hydraulic analysis of the transmission network to confirm pipe sizes

and the required capacity of pumps and reservoirs. b) Conduct detailed site investigations of proposed pipeline routes, distribution

points, reservoirs11 (including geotechnical investigations, where necessary, e.g. for the construction of new reservoirs) and pumping station sites;

11 Geotechnical survey lies with the works contractor in terms of responsibility. The amount related to the costs of the geotechnical survey will be incorporated in the tender BoQ with a series of different budget lines to cover different scenarios for building structures.

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c) Conduct all necessary engineering and topographic surveys for the pipeline works and service tanks. The consultant will carry out a detailed topographic survey of the areas where pipelines and civil works structures are planned. All topographic data will be reconciliated in the WGS84 UTM35S or 36S (depending on the location) system.

d) Conduct studies to determine energy requirements of each selected scheme

5.5.1.4 Preparing Detailed Designs, Drawings

The consultant shall prepare detailed designs (civil/structural and electro-mechanical) and related engineering calculations for each of the four networks. These will include, but not limited to the following:

A network plan that shows all existing and proposed water supply infrastructure including civil works, electro-mechanical and hydraulic infrastructures. The plan will have a scale of 1: 10000;

Drawings for the civil works and water networks implementation on site. Scales from 1: 1000 to 1: 5000;

Plan view, elevation, technical cross-sections of the civil works if/where relevant at the scales of 1: 50 to 1: 1000;

Longitudinal profile with existing ground, installation of civil works and pipe works, piezometric line of the network, at the scale of L = 1:2000, H = 1:200;

Model plans for the civil works such as aeration unit, filters, valve chamber and inspection hole.

Outlines of the connection sketches and characteristics of the hydraulic equipment;

Detailed plans and lists of equipment for the pumping station. Bill of quantities and cost estimates for the pipelines works and associated

fittings.

Wherever necessary, the consultant shall be free to make proposals on these drawings and plans to make them clearer and more easily interpretable.

5.5.1.5 Preparation of Tender Documents

a) Advise on procurement packaging (by lot or as a whole).b) Prepare and make presentation of the design report, bill of quantities (BoQ) and

tender documents for transmission mainlines and storage tanks and distribution systems for each of the targeted community locations.

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c) Prepare related documents including, technical specifications and general administrative clauses which shall form part of the Bid Specifications.

d) Prepare detailed construction plan and implementation program for the workse) The tender document should be developed with one series/file of document per

targeted community locations (included network, reservoirs, pumping stations and drinking fountains).

5.5.1.6 Tendering

a) Assist Enabel responding to queries from bidders, evaluation of bids and contract negotiation

b) The consultant shall assist the client with evaluation of bids once received by the project and make recommendations for award of the contract. Thereafter, the consultant will provide support with contract negotiations, award and will prepare the necessary contract documents.

5.5.2 Deliverables and timeframe (Design phase)

It is expected that this assignment shall be covered in eight weeks for each phase. The following are the key deliverables in this phase of the assignment.

Summary of the Expected Deliverables for the scheme in each LotReport No.

Report Description Number of weeks

1 Inception Report and Design Criteria 1.5 2 Draft Detailed Design Report and Tender

Documents4.5

3 Final Detailed Design Report and Tender Documents

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5.5.2.1 Inception Report

After reception of the offer request, the consultant shall submit the inception report to the Enabel Project Manager electronic copy by email. The report shall outline the consultant’s organization and programme of work, methodology, approach and schedule of man-power. The report shall be discussed and upon adoption the assignment will commence.

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5.5.2.2 Design Criteria

Standard and particular design parameters for water supply facilities and components as well as different kinds of equipment used, operational parameters for the different components and design lifetime of structures and equipment. The Design Criteria shall be submitted together with the Inception report.

5.5.2.3 Draft Detailed Design Reports and Tender Documents

The consultant shall submit electronically by email, the Draft Design Reports and Tender Documents to the project management team.

5.5.2.4 Final Detailed Design Reports and Tender Documents

These too shall be submitted electronically, having fully incorporated all the comments from the project management and technical team. The reports shall include a preliminary confidential engineers’ cost estimate. The drawings shall be both in editable and PDF formats.

5.5.2.5 Tender Documents

A complete set of tender documents for each Lot shall comprise of: Tender drawings, sketches and maps Bills of quantities and unit price schedule Specific technical specifications

The consultant shall submit these, like all other reports, in an electronic format, both editable and PDF format.

Inception and Design Criteria, draft versions of detailed designs and tender documents shall be validated within two weeks after submission. During the field mission, the consultant shall make presentation of the mission to the Project Implementation Unit in Kigoma and thereafter incorporate all relevant recommendations.

5.5.2.6 Key personnel

The consultant shall provide a team of experts all of whom shall be adequately qualified and experienced in their respective fields and be eligible for registration with the relevant local and/or international professional bodies. It is expected that the consultant specialists will have as many as possible of the following credentials:

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Key Personnel Qualification and ExperienceLead Consultant Technical Leadership: The lead consultant shall possess a

MSc. Degree in Civil Engineering/Water Supply Engineering or a BSc. Civil Engineering/Water Supply Engineering with at least 15 years of experience in water supply.

Water Engineer Water Engineer with at least a BSc. in Civil Engineering/Water Supply Engineering is required. At least 10 years’ experience in water supply feasibility studies, design of water supply schemes.

Civil Engineer/ Structural Engineer

At least 10 years’ experience in investigation and design of concrete water structures and cost estimation, preparation of Bill of Quantities and preparation of Tender Documents.

Water Resource Management specialist/ Hydrologist

A professional with a BSc. Degree in Hydrology/ Water Resource Management and at least 10 years’ progressive experience in the field.

Geologist or Geophysicist

A professional with a BSc. Degree in Geophysics or Geology and at least 10 years’ progressive experience in the field.

Land Surveyor Shall have at least a Bachelor’s Degree in Land Surveying or equivalent, expertise in GIS and preferably a postgraduate training in GIS with at least ten (10) years of relevant experience in integrated water supply projects, pipe lines, pumping stations.

The expected level of effort of professional staff is provided below.

Cost item Qty

Lead consultant 14 days Water Engineer 28 days

Land Surveyor 3 days Civil/Structural Engineer 7 days

Geophysicist or Hydrogeologist 7 days Hydrologist/Water Resource expert

7 days

The estimated staff-days are indicative only. The consultant may propose an alternative level of effort, if it is supported by sufficient documentation in their proposal to show that it can successfully meet the assignment objectives.

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5.5.3 Payments - Design Phase This section on payment should be read side by side with section 4.11 (General payment modalities) above. Payments in this phase and for respective Lots shall be made two times as follows:

a) 25% upon submission and approval of Inception Report b) 75% upon submission and approval of all engineering drawings (and all related

annexes), cost estimates and technical specifications.

The consultant will be responsible for the payment of local taxes and duties for all goods and services including levies during execution of the project.

5.6 Supervision of Works – Phase 2 of the contract

5.6.1 Objective and scope of the assignmentTo provide construction supervision services that ensure building contractors’ compliance to technical special specifications and standard practice in construction of public infrastructure.

In close collaboration with Enabel and RUWASA, the consultant shall supervise the works execution on a day-to-day basis in accordance with the signed works contracts. The consultant shall make sure, amongst others, that (i) the works are carried out in accordance with the construction contracts; (ii) the quality of materials and workmanship conforms with the specification of the construction contract; and (iii) construction plan and personnel provided and used by the contractors are adequate to construct the works., but not necessarily limited to the following:

5.6.2 Tasks under this phase of the contract5.6.2.1 Contract administration

a) Assist Enabel in all aspects of contract administration and management of the construction works for the network interventions;

b) Prepare contract management manual which shall be set out an organization chart, full contact details for each entity involved in the execution of the works, together with detailed procedures for the issuance of correspondences, information request, shop drawings, engineers instruction, variation orders management, contract sum adjustments, extension of time, standard monthly reporting by the

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contractor, minutes of monthly meeting, site inspection, standard forms to be used and project filing system;

c) Examining the contractor’s detailed work program, ensuring that it is being adhered to.

d) Prepare supervision schedule/work plan for the assignment.e) Prepare detailed site reports. The reports shall include on site/off site activities,

weather conditions, ground conditions, number of staff on site, records of visitors to the site, construction materials delivered, plants or equipment used or idling at site, daily works recording, quality inspections, encumbrances causing delays, photographic and video recording of important activities at site etc.

f) Maintain daily site diaries, and daily reports to verify contractor’s daily records of labor, plant and equipment, weather conditions, progress, instructions and delays.

g) Maintain a photographic record of the progress of the work.h) Issue field instructions in writing as required and ensuring that where necessary,

the construction drawings are revised to suit actual site conditions encountered and to minimizing disruption to the progress of the works.

i) Organize and chair monthly site meetings. As soon as practical after the meeting, prepare and distribute minutes for agreement and signing.

j) Report to Enabel regularly on progress and advise the project of any potential problem areas likely to affect progress and propose solutions to avert the problem.

5.6.2.2 Quality assurance

a) Establish a quality assurance system, including verification of source material and certification;

b) Carry out necessary quality control activities and certifying that the quality of works and materials conforms to the specifications;

c) Examine and approve the contractors' proposed changes to design (if any) and drawings for compliance with the specifications.

d) Examine the construction methods proposed by the contractor including environmental, safety, personnel and public issues.

e) Check survey points for the works and main setting out done by the contractor and ensuring that any errors found are promptly notified to the contractor and necessary remedial action is taken.

f) Undertake site supervision of construction, installation, testing and commissioning; g) Undertake resident supervision of the works by a qualified resident engineer in the

respective discipline with sufficient experience who shall perform his/her duties with due diligence, efficiency and in accordance with the best engineering profession and consulting standards;

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h) Review and effect any design changes during construction. i) Direct locations or times for field testing in accordance with the specification and

witness all such tests that will be performed by the Contractors in the laboratory to be established by the Contractors. Ensure all tests are conducted in accordance with the approved standards.

5.6.2.3 Schedule and Cost Management

a) Monitor the progress of the contract and prepare monthly progress reports on both schedule and cost performance of the contracts using appropriate tools. Flag any issues to Enabel in a timely manner, and recommend actions to be taken;

b) Assess and incorporate confidential delay contingencies, should delays become unavoidable and advise Enabel regarding the target practical completion dates for the Project components;

c) Undertake cost management for Enabel. The Consultant shall follow several bases in monitoring the cost such as details of breakdown of work items as in the Contract, variation and escalation contingencies within the budget, status of sub-packages, anticipated variations, running forecast cost at completion for each item;

d) Monitor the Contract costs relative to the Contract budget and programmed expenditure considering actual quantities and update quantity estimates, costs of variation orders, costs of potential claims and any other costs.

e) Prepare actual and forecast monthly/yearly cash flows to assist Enabel cash flow management for the works;

f) Check contractor’s invoice and issue progress payment certificates; g) Check and make recommendation for any variation orders if required;h) Check and recommend any extension of time required to be given to the

contractor.i) Recommend substantial completion certificate to the contractor for each contract;j) Recommend final acceptance certificate for each contractor after expiration of

defect liability period;

5.6.2.4 As-Built Drawings and Operations and Maintenance Manuals

a) Ensure that the contractors maintain at the site a complete set of ‘as-built’ drawings for the contract as the work proceeds.

b) On completion of the construction of each scheme, the consultant shall assist Enabel to transfer all scheme infrastructure records to RUWASA’s information management system.

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c) Ensure the contractors provide all manufacturers operation manuals, instructions and technical details for the installations. The consultant shall review any detailed operation and maintenance manuals prepared by the contractors and shall be responsible for ensuring the manuals are complete and submitted to Enabel. The Operations and Maintenance manuals shall include at least (i) reference to all relevant design and other reports, specifications etc. to provide a complete bibliography on the structures and plant such that the operation and maintenance staff of RUWASA can understand the basis of their functions; (ii) details of any problems encountered during construction which may have a bearing on the future safe operation of the facilities; (iii) full operating instructions for any systems in the schemes; drawings, diagrams, charts, notices etc. to facilitate understanding of safe operation and maintenance; and (iii) maintenance schedule and consumables required to give reliable operation of the facilities.

5.6.2.5 Environmental, Social, Health and Safety (ESHS) Monitoring

The Consultant shall ensure that all the Contractors’ ESHS performance is in accordance with good international industry practice. The ESHS related services shall include but not limited to:a) Monitor any environmental matters during construction of works. Any unexpected

environmental incidences should be noted and necessary adjustments recommended.

b) Review and consider the ESHS risks and impacts of any design change proposals and advise if there are implications for compliance with permits and other relevant project requirements;

c) Undertake audits and/or inspections of any sites where the Contractors are undertaking activities related to the works, to ensure that there is no violation of any sort relating environmental, social and health and safety matters.

d) Undertake audits and inspections of Contractors’ accident logs, community liaison records, monitoring findings and other health and safety related documentation, as necessary, to confirm the Contractors’ compliance with requirements;

e) Agree remedial action/s and their timeframe for implementation in the event of a noncompliance with the Contractors’ ESHS obligations;

f) Ensure appropriate representation at relevant meetings including site meetings, and progress meetings to discuss and agree appropriate actions to ensure compliance with ESHS obligations;

g) Check that the Contractors’ actual reporting (content and timeliness) is in accordance with the Contractors contractual obligations;

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h) Ensure that all environmental and pollution control measures are implemented in accordance with the contract and are maintained for the duration of the works

i) Review and critique, in a timely manner, the Contractors’ ESHS documentation (including regular reports and incident reports) regarding the accuracy and efficacy of the documentation;

j) Undertake liaison, from time to time and as necessary, with project stakeholders to identify and discuss any actual or potential ESHS issues;

k) Establish and maintain a grievance redress mechanism including types of grievances to be recorded and how to protect confidentiality e.g. of those reporting allegations of gender-based violence or sexual exploitation activities.

l) Supervise the Contractors’ contractual obligation on HIV/AIDS prevention, as well as safety and health. Check that works are being carried out in a safe manner and report all breaches of safety requirement. Monitor the corrective action taken to ensure unsafe practice does not continue.

m) Ensure any gender-based violence and sexual exploitation instances and complaints that come to the attention of the consultant are registered in the grievance redress mechanism.

5.6.3 Progress Reporting in Phase 2The consultant shall prepare several reports to document progress of the works. These include, but not limited to the following:a) Comprehensive monthly report to Enabel for the schemes, which includes the

current expected completion date, the current forecast and cost, achievements during the month, status against program, current expenditures against expected cash flow, an analysis of any cost changes or variations, report on any significant problem areas and the action being undertaken to resolve them. The reports shall include a summary program showing the status, together with the trend graphs of key activities and a photographic and video record of work on site. The reports shall incorporate individual reports prepared by others as required.

b) Comprehensive consolidated 2-monthly report covering the same subjects as the monthly reports, but in a comprehensive format related to technical and financial matters including consultant’s work plan for the next two months.

c) A comprehensive final Project Completion Report at the end of the assignment. This report must be submitted immediately after completion of contracts and shall summarize the methods of construction, construction supervision performed and recommendations for future projects of similar nature to be undertaken by Enabel. The report should also contain a summary of all reports in terms of project

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implementation, targets versus achievements, lessons and experience gained in project implementation, problems encountered and resolved.

d) Other reports as required (such as ESHS reports, technical reports etc.).

5.6.4 Deliverables and Timeframe This contract is for eight months, plus the warranty period of 12 months. Table 3 below provides a summary of the expected deliverables during this period. For each deliverable, the consultant shall prepare and submit to Enabel Project Manager, an electronic copy, preferably in MS Word.

5.6.5 Reports and ReportingThe consultant shall report to Enabel Project Manager but shall have close work relationship with RUWASA Regional Manager and Enabel National Technical Advisor for daily operational issues. The consultant will be required to prepare reports during the implementation of the project. All reports and documents will be in English language and all quantities expressed in metric units. The consultant shall prepare and submit to Enabel, the following reports:

Summary of the Expected Deliverables

No. Description Period from start date1 Inception report 1½ weeks from commencement2 Monthly progress reports Monthly (5th day of the following

month). 3 Contract management manual 1½ month from commencement 4 Memoranda with proposed actions to

be undertaken to address any issues arising during the implementation of the contract

As required

5 Certificates on quality of works As required6 Cash-flow projections versus actual

disbursementsAs required

7 Memoranda on the contractors’ Interim Certificates payments and claims

As required

8 ESHS Reports As and when required9 Operation and Maintenance Manuals One month after provisional

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acceptance of works.10 As-Built Drawings One month after practical

completion11 Final construction report One month after provisional

completion 12 Project Completion Report One month after Final Acceptance

of works

5.6.5.1 Inception Report

The consultant shall prepare an Inception Report within two weeks from start date. This report shall be prepared and submitted electronically to the Enabel Project Manager and shall include at least the following:

The Engineer’s state of mobilization Any changes to the composition of the Engineer’s team Proposed methodology for carrying out the services, including quality, cost

control, and ensuring compliance with environmental, health and safety concerns and other requirements

Proposed site communication procedures and recordkeeping Detailed program of work, showing time, duration and personnel, as well as

inter-relationship between activities Format of Monthly Progress Reports

5.6.5.2 Monthly Progress Reports

The consultant shall submit electronically copies of Monthly Progress Reports to Enabel during construction phase. The Monthly Progress Reports to Enabel during construction phase should include:

a) Brief description of the Works;b) Description of activities completed and in progress;c) Progress compared with construction programme and estimated completion

date including approved extension;d) Financial report with payments to date compared to programme disbursements;e) Schedule and cost performancef) Quality control;g) Contractor’s personnel and constructional plant;h) Consultant personnel;i) Weather conditions;j) Safety matters;

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k) Labor matters;l) Environmental and pollution control; and m) Photographic records.

5.6.5.3 Environmental, Social, Health and Safety (ESHS) Reports

The consultant shall provide immediate notification to Enabel should any incident in the following categories occur while carrying out the Services. Full details of such incidents shall be provided to Enabel within the timeframe agreed with Enabel. Such reports may include issues such as confirmed or likely violation of any Tanzanian environmental or health and safety laws, any fatality or serious (lost time) injury; (significant adverse effects or damage to private property (e.g. vehicle accident); or any allegation of gender-based violence, sexual exploitation or abuse, sexual harassment or sexual misbehavior, rape, sexual assault, child abuse or defilement, or other violations involving children etc.

5.6.5.4 Contract Management Manual

The consultant shall, in one-and-a-half months of signing the contract, prepare a Contract Management Manual which will lay out procedures to be followed during the execution of the works. The manual shall be set out an organization chart, full contact details for each organization involved in the execution of the works, together with detailed procedures for the issuance of correspondences, information request, shop drawings, engineer’s instruction, variation orders management, contract sum adjustments, extension of time, standard monthly reporting by the contractor, minutes of monthly meeting, site inspection, standard forms to be used and project filing system. The Manual will also serve as a basis for on-the-job training of RUWASA staff during the implementation of the works contract.

5.6.5.5 Operations and Maintenance manuals

Within one month of provisional acceptance of works, the consultant shall prepare necessary and detailed institutional arrangements including manuals for operation, servicing and maintenance of the works.

5.6.5.6 Final Construction Report

The consultant shall submit five hard copies and two electronic copies of Final Construction Report to Enabel within three months of provisional acceptance of works. The report shall cover all main aspects of the works, construction methods, design changes, actual conditions, quality control, problems encountered, as-built

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construction programme compared with original, disbursement schedule and other major aspects during construction of works.

5.6.5.7 Project Completion Report

The consultant shall submit five hard copies and an electronic copy of the Project Completion Report to Enabel Project Manager, one month after completion of the warranty/Defects Liability Period and shall cover the relevant information on the project pertaining to all the consultant’s observations and work carried out carried out during Defects Liability Period.

5.6.6 PaymentPayments for the second phase of this contract shall be made in equal monthly amounts before the 10th of every other month upon receiving all the reports due in that reporting period. Ten percent (10%) of the total contract value for the applicable Lot, shall be paid at the end of the warranty period upon receiving the final works acceptance report.

The consultant will be responsible for the payment of local taxes and duties for all services.

5.6.7 Office Equipment and mobilityThe consultant will be self-reliant on all office equipment and mobility.

5.6.8 Key Personnel Requirements The consultant will provide experts who shall be adequately qualified and experienced in their respective fields to carry out the assignment. The specialists shall be eligible for registration with the relevant professional bodies in Tanzania. It is therefore expected that the consultant’s specialists will have a minimum of the following mandatory credentials:

a) Relevant general management or technical education and background in hydraulic/network modelling; structural engineering; and civil engineering.

b) Practical working experience in the management and administration of projects.

c) A thorough working experience of the management and administration of externally assisted projects in Africa;

d) Fluent in English (speaking and writing).

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Minimum qualification and number of key personnel:Key Personnel Qualification and ExperienceTeam Leader Shall have at least a Bachelor’s Degree in Civil

Engineering and at least 10 years general experience 10 of which of relevant experience in pipeline and reinforced concrete structures design and construction supervision. The team leader should have experience in piped water supply schemes.

Structural Engineer/Hydraulic Engineer

Shall have at least a Bachelor’s Degree in Civil/ Structural Engineering particularly in reinforced concrete and steel designs or its equivalent and at least 10 years of relevant experience. The Engineer should have experience in designing, detailing and construction management of water retaining structures, pipe lines, pumping stations etc.

Inspector of Works

Shall have at least a Bachelor’s Degree in Civil Engineering with at least five years of relevant experience in pipeline and concrete works.

The Level of Effort (LoF) of professional staff to be provided by the consultant is estimated at 10.5 person-months for both construction and defects liability periods. Details are provided in table below.

Indicative person-days for level of effort

ExpertPerson Months

TotalSupervision Defects LiabilityTeam Leader 2.0 0.3 2.3Hydraulic/structural engineer

0.7 0.2 0.9

Inspector of Works 7.0 0.3 7.3Total 9.7 0.8 10.5

The estimated staff-months are indicative only. The consultant may propose an alternative level of effort, if it is supported by sufficient documentation in their proposal to show that it can successfully meet the assignment objectives.

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Enabel • Belgian development agency • Public-law company with social purposesRue Haute 147 • 1000 Brussels • T +32 (0)2 505 37 00 • enabel.be

6 Forms

6.1 Identification forms12

Name of the company / tenderer:Legal form:

Registered office (address):

Represented by the undersigned:Last name, first name:Capacity:

Contact person:Telephone number:Fax number:E-mail address:

National Social Security Office registration number or equivalent:

Enterprise number:

Account number for payments:Financial institution:Under the name of 

Last name, first name of the tenderer:

Domicile:

Telephone number:Fax number:E-mail address:

Account number for payments:Financial institution:Under the name of:

12 Form to be filled out in accordance with the legal or natural body status of the tenderer.

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6.2 Tender form - PricesBy submitting this tender, the tenderer commits to performing this procurement contract in conformity with the provisions of the Tender Specifications / – and explicitly declares accepting all conditions listed in the Tender Specifications and renounces any derogatory provisions such as his own general conditions.The unit prices and the global prices for each item in the inventory are established relative to the value of these items in relation to the total value of the tender. All general and financial costs as well as the profits are distributed between the various items in proportion to their weight.The value added tax is dealt with on a separate line in the summary bill of quantities or the inventory, to be added to the tender's value. The tenderer commits to performing the public procurement contract in accordance with the provisions of the Tender Specifications /, for the following prices, given in euros and exclusive of VAT:

VAT percentage: ……………%.Should this tender be approved, the performance bond will be constituted under the conditions and deadlines stipulated in the Tender Specifications.The confidential information and/or the information relating to technical or business secrets is indicated clearly in the tender.In order to correctly compare the tenders, the duly signed information or documents mentioned <<below under point ... must be attached to the tender. In annexe …………………. the tenderer attaches …………….to his tender.Certified true and sincere,

Done in ………………………, on …………………….Handwritten original signature / name: ………………………………………………

By submitting this tender, the tenderer explicitly declares accepting all conditions mentioned in the tender documents and renounces to his own (sales) conditions. He commits to executing this public contract for the following lump-sum unit prices, in EUR and exclusive of VAT (written in figures):

Please attach the tender form that clearly indicates a) the function of the staff member b) number of days they will be fully involved (for at least 8 hours/day), 3) the applicable phase, 4) the total cost for each of the lots.

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6.3 Key expertsThe tenderer must complete the table hereunder. He/she must provide in their offer the CV(s) of the expert(s) proposed to be available for the implementation of this services contract. The CV (qualifications and experience of key expert) has to fulfil the profiles as requested in the ToRs.

Name of expert

Proposed position

Years of relevant

experience

Educational background

Specialist areas of

knowledge

6.4 Availability of key expertBy submitting this tender, the tenderer explicitly declares that the following expert is available for the whole period scheduled for his/her input to implement the tasks set out in the Terms of Reference and/or in the methodology13. Key expert will not be replaced during the implementation of the contract without prior written approval by the contracting authority14.

Key expert From To

Name:

Name and first name: ………………………………………………

Duly authorised to sign this tender on behalf of: ………………………………………………

Place and date: ………………………………………………

Signature: ………………………………………………

13 Any expert working on another contract, where the input from his/her position to that contract could be required on the same dates as his/her activities under this contract, must not be proposed as a key expert for this contract under any circumstances. Consequently, the dates / period included by a key expert in his/her statement of availability must not overlap with dates on which he/she is committed to work as a key expert on any other contract.14 In case of replacement, the expert's qualifications and experience must be at least as high as those of the expert proposed in the tender.

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6.6 Integrity Statement for the tenderers

Concerns the tenderer:Domicile / Registered office:

Reference no. of the public procurement contract:

To the attention of Enabel, the Belgian Development Agency,

Hereby, I / we, acting as legal representative(s) of above-mentioned tenderer, declare the following:

Neither members of administration or employees, or any person or legal person with whom the tenderer has concluded an agreement in view of performing the procurement contract, may obtain or accept from a third party, for themselves of for any other person or legal person, an advantage appreciable in cash (for instance, gifts, bonuses or any other kind of benefits), directly or indirectly related to the activities of the person concerned for the account of Enabel.

The board members, staff members or their partners have no financial or other interests in the businesses, organisations, etc. that have a direct or indirect link with Enabel (which could, for instance, bring about a conflict of interests).

I have / we have read and understood the articles about deontology and anti-corruption included in the Tender Specifications and I / we declare fully endorsing and respecting these articles.

I am / we are also aware of the fact that the personnel of Enabel are bound by the provisions of a Code of conduct, which states that: ‘In order to ensure the impartiality of personnel, staff members are not allowed to solicit, demand or receive gifts, bonuses or any other kind of benefits for themselves or third parties, whether in exercising their function or not, when said gifts, bonuses or benefits are linked to such exercising. Note, that what matters most here is not so much the enrichment resulting from accepting gifts, bonuses or benefits of all kinds, rather than the loss of impartiality, which is required from the staff member when exercising his/her function. Privately, staff members do not accept any financial or other bonus, gift or benefit for services rendered.’

If above-mentioned procurement contract is awarded to the tenderer, I/we declare, moreover, agreeing with the following provisions:

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In order to avoid any impression of risk of partiality or connivance in the follow-up and control of the performance of the procurement contract, it is strictly forbidden to the contractor of the procurement contract (i.e. members of the administration and workers) to offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of whatever value, to the employees of Enabel who are concerned, directly or indirectly, by the follow-up and/or control of the performance of the procurement contract, regardless of their hierarchical rank.

Any (public procurement) contract will be terminated, once it appears that contract awarding or contract performance would have involved the obtaining or the offering of the above-mentioned advantages appreciable in cash.

Any failure to comply with one or more of the deontological clauses may lead to the exclusion of the contractor from this and other public procurement contracts for Enabel.

The contractor of the procurement contract commits to supply, upon the demand of the contracting authority, any supporting documents related to the performance conditions of the contract. The contracting authority will be allowed to proceed to any control, on paperwork or on site, which it considers necessary to collect evidence to support the presumption of unusual commercial expenditure.

Finally, the tenderer takes cognisance of the fact that Enabel reserves the right to lodge a complaint with the competent legal instances for all facts going against this statement and that all administrative and other costs resulting are borne by the tenderer.

Signature preceded by ‘read and approved’, in writing, and indication of name

and function of the person signing:

……………………………..

Place, date

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6.7 Declaration on access rights and exclusion criteria

By submitting this tender, the tenderer declares on honour the following (cf. Art. 67-70 of the Law of 17 June 2016 and 61-64 of the Royal Decree of 18 April 2017):He has not been found guilty by a judgement which has the force of res judicata of a crime that blemishes his professional integrity:1° Participation in a criminal organisation as defined in Art. 324bis of the Criminal Code or in Art. 2 of Council Framework Decision 2008/841/JAI of 24 October 2008 on the fight against crime;2° Corruption, as defined by Art. 246 and 250 of the Criminal Code or Art. 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union or Art. 2.1 of the Council Framework Decision 2003/568/JAI of 22 July 2003 on the fight against corruption in the private sector;3° Fraud within the meaning of Art. 1 of the Convention on the protection of the European Communities’ financial interests, approved by the Law of 17 February 2002;4° Terrorist offenses or offenses related to terrorist activities, as defined in Art. 137 of the Criminal Code, Art. 1 or 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on the fight against terrorism, or inciting, aiding or abetting an offence as referred to in Art. 4 of that Framework Decision;5° Money laundering or terrorist financing as defined in Art. 5 of the Act of 11 January 1993 on preventing use of the financial system for purposes of money laundering and terrorist financing, or in Art. 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing;6° Child labour and other forms of trafficking in human beings as defined in Art. 433quinquies of the Criminal Code or Art. 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA;7° Occupation of third-country nationals who are unlawfully staying within the meaning of Art. 35/7 of the Act of 12 April 1965 on the protection of workers' remuneration or within the meaning of the Act of 30 April 1999 on the occupation of Foreign WorkersHe has paid his social security contributions in accordance with Belgian legislation or the legislation of the country where he has his registered office (cf. Art. 62 of the Royal Decree of 18 April 2017);He is in order with his obligation pertaining to the payment of his taxes in accordance with Belgian legislation or the legislation of the country where he has his registered office (cf. Art. 63 of the Royal Decree of 18 April 2017);Non-compliance with the above-mentioned conventions shall be considered a serious mistake in professional duties within the meaning of the Law of 17

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June 2016. In witness whereof he has established this declaration on honour which he declares true and sincere for all legal intents and purposes.

Name and first name: ………………………

Duly authorised to sign this tender on behalf of: ………………………

Date: ……………………… Signature: ………………………

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6.8 Power of attorneyThe tenderer shall include in his tender the power of attorney empowering the person signing the tender on behalf of the company, joint venture or consortium.

6.9 Incorporation certificateThe tenderer shall include in his tender the incorporation certificate15 from the competent authority.

6.10 Certification of clearance with regards to the payments of social security contributions

The tenderer shall include in his tender the certification from the competent authority stating that he is in order with its obligations with regards to the payments of social security contributions that apply by law in the country of establishment. The tenderer registered in Belgium must be in order for the 4th trimester of 2019.

6.11 Certification of clearance with regards to the payments of applicable taxes

The tenderer shall include in his tender a recent certification from the competent authority stating that the tender is in order with the payment of applicable taxes that apply by law in the country of establishment.

6.13 Certifying not into bankruptcyThe tenderer shall include in his tender the document certifying that the tenderer is not into bankruptcy, except where the contracting authority has the possibility to directly obtain certificates or relevant information by accessing a free national database in an EU Member State.

6.14 List of the main similar servicesThe tenderer must provide in his offer the list of the main similar consultancy services (min. 5) experience in water supply (or similar) projects the amount involved and the relevant dates, and the public or private bodies on behalf of which they were carried out showing that the tenderer has experience in performing those services.

Description of the main similar services performed

Amount involved

Relevant dates in the last 5 years

Name of the public or private

bodies

15 In case of a consortium or a temporary association, the certificate must be submitted for all members of the tendering party.

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For each of the projects listed, the tenderer must provide in his offer the certificates of completion (statement or certificate without major reservation) approved by the entity which awarded the contract.

6.15 Selection file In view of the qualitative selection of the tenderers, the information or documents mentioned below must be attached to the tender. Exclusions - see Art. 67 - 70 of the Law of 17 June 2016

Mandatory grounds for exclusion:

  Art. 67. § 1. Save where the candidate or tenderer demonstrates, in accordance with Article 70, that he has taken sufficient measures to demonstrate his reliability, the contracting authority excludes, at any stage whatsoever in the award procedure, a candidate or tenderer from taking part in the award procedure when it has established or has been informed in any other way that the candidate or tenderer has been convicted by an indefeasible legal decision of one of the following offences:  1° involvement in a criminal organisation;  2° corruption;  3° fraud;  4° terrorist offence, offence related to terrorist activities or incitement to commit such offence, collusion or attempt to commit such an offence;  5° money laundering or financing of terrorism;  6° child labour or any other forms of human trafficking.  7° employment of foreign citizens under illegal status.  The King may state the offences listed in clause 1 in more detail.  By derogation to clause 1, the contracting authority excludes the candidate or tenderer who has employed foreign citizens under illegal status, even where there is no indefeasible conviction, once this offence has been noted by an administrative or legal decision, including by written notification in execution of Article 49/2 of the Social Criminal Code. This derogation does not preclude the possibility, as set out in Article 70, of the candidate or tenderer invoking corrective measures, where appropriate.  By derogation to clause 1, the contracting authority may in exceptional situations and for imperative reasons in the general interest provide for a derogation from the mandatory exclusions  The obligation to exclude the candidate or tenderer also applies when the person found guilty is a member of the administrative, management or monitoring body of the said candidate or tenderer or holds a power of

Implicit declaration on

honour

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representation, decision or control within it. Where this involves an offence stated in clause 3 and where there is no aforementioned final judgement, the same obligation of exclusion is applicable, when the person in question is designated in an administrative or legal decision as being a person where an offence has been noted in terms of employment of foreign citizens with illegal status, and who is a member of the administrative, management or monitoring body of the said candidate or tenderer or holds a power of representation, decision or control within it.  By derogation to clause 5, the contracting authorities are nevertheless not obliged, for procurement contracts with an estimated value of less than the thresholds fixed for European publication, to check the lack of grounds for exclusion as set out in this article of people stated in the aforementioned clause.  § 2. The exclusions stated in paragraph 1, clause 1, 1° to 6°, from participating in public procurement contracts apply only for a period of five years with effect from the date of judgement.  The exclusion stated in paragraph 1, clause 1, 7°, from participating in public procurement contracts applies only for a period of five years from the end of the offence.  Notwithstanding the case stated in paragraph 1, clause 4, the economic operators may not, when they find themselves in a situation of mandatory exclusion on the day after the final deadline for submitting requests for participation or tenders, take part in the public procurement contracts, save when they certify that they have taken, in accordance with Article 70, sufficient corrective measures to demonstrate their reliability despite the existence of an applicable ground for exclusion.

  Ground for exclusion pertaining to tax and social security debts

  Art. 68. § 1. Save for overriding requirements in the general interest and subject to the cases mentioned in paragraph 3, the contracting authority excludes, at any stage whatsoever in the award procedure, a candidate or tenderer which fails to fulfil his obligations relating to the payment of all taxes or social security contributions except:  1° when the unpaid amount does not exceed the amount to be fixed by the King; or  2° when the candidate or tenderer can demonstrate that he possesses with respect to a contracting authority or public company one or more certain and payable debts free of all commitment with respect to third parties. These debts are at least of an amount equal to the one for which he is late in paying outstanding tax or social charges. This amount is reduced by the amount fixed by the King in execution

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of the provision of 1°.  When the contracting authority sees that the outstanding fiscal and social charges exceed the amount stated in clause 1, 1°, it asks the candidate or tenderer if he finds himself in the situation mentioned in clause 1, 2°.  The contracting authority does, however, give all economic operators the opportunity to comply with these social and tax obligations during the award procedure after noting a first time that the candidate or tenderer did not meet the requirements. The contracting authority gives the economic operator five working days from this observation to provide proof of regularisation. Such regularisation may be applied only once. This term starts to run on the day following the notification. To calculate this term, Council Regulation 1182/71 of 3 June 1971 relating to the determination of rules applicable to deadlines, dates and terms is not applicable.  § 2. The King determines the outstanding tax and social charges to be taken into consideration and the additional modalities in the matter.  § 3. This article no longer applies when the candidate or tenderer has fulfilled his obligations by paying or entering into a binding arrangement with a view to paying the taxes or social security contributions due, including, where applicable, any interest accrued or fines provided that this payment or the entering into this binding arrangement occurred before the submission of a request for participation or, in an open procedure, before the tender submission deadline.

  Facultative grounds for exclusion

  Art. 69. Save where the candidate or tenderer demonstrates, in accordance with Article 70, that he has taken sufficient measures to demonstrate his reliability, the contracting authority may exclude, at any stage whatsoever in the award procedure, a candidate or tenderer from taking part in the procedure in the following cases:  1° when the contracting authority can demonstrate by any appropriate means that the candidate or tenderer has failed in the applicable obligations in the areas of environmental, social and labour law, set out in Article 7;  2° when the candidate or tenderer is in a state of bankruptcy, liquidation, cessation of activities, judicial reorganisation or has admitted bankruptcy or is the subject of a liquidation procedure or judicial reorganisation, or in any similar situation resulting from a procedure of the same kind existing under other national regulations;  3° when the contracting authority can demonstrate by any appropriate means that the candidate or tenderer has committed serious professional

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misconduct which calls into question his integrity;  4° when the contracting authority has sufficiently plausible elements to conclude that the candidate or tenderer has committed acts, entered into agreements or made arrangements with a view to distorting competition within the meaning of Article 5, clause 2;  5° when a conflict of interest within the meaning of Article 6 cannot be remedied by other, less intrusive measures;  6° when a distortion of competition resulting from prior participation of candidates or tenderers in the preparation of the award procedure, referred to in Article 52, cannot be remedied by other, less intrusive measures;  7° when significant or persistent failures by the candidate or tenderer were detected during the execution of an essential obligation incumbent on him in the framework of a previous public procurement contract, a previous procurement contract placed with a contracting authority or of a previous concession, when these failures have given rise to measures without consultation, damages or another comparable sanction;  8° the candidate or tenderer is seriously guilty of misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the satisfaction of the selection criteria, has hidden this information or is not in a position to submit the supporting documents required by virtue of Article 73 or of Article 74; or  9° the candidate or tenderer has applied undue influence on the decision-making process of the contracting authority or has undertaken to obtain confidential information likely to give him an unfair advantage in the award procedure, or has provided, through negligence, misleading information likely to have a decisive influence on the exclusion, selection or award decisions.  The exclusions from participating in public procurement contracts mentioned in clause 1 apply only for a term of three years with effect from the date of the event in question or for a repeated offence, from the end of the offence.  Unless provided for otherwise in the procurement documents, the contracting authority is not required to verify the absence of optional exclusion grounds for members of the administrative, management or monitoring body of the candidate or tenderer or people who hold a power of representation, decision or control within it.

  Corrective measures

  Art. 70. Any candidate or tenderer who finds himself in one of the situations listed in Articles 67 or 69 may provide proof certifying that the measures he has

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taken suffice to demonstrate his reliability despite the existence of a relevant ground for exclusion. Where this proof is deemed sufficient by the contracting authority, the candidate or tenderer in question is not excluded from the award procedure.  For this purpose, the candidate or tenderer proves on his own initiative that he has paid or undertaken to pay compensation for any prejudice caused by the criminal offence or the fault, clarified totally the facts and circumstances by collaborating actively with the authorities in charge of the enquiry and taken concrete specific technical, organisational and personnel measures to prevent a new criminal offence or a new fault.  The measures taken by the candidate or the tenderer are assessed by taking account of the severity of the criminal offence or the fault and its particular circumstances. This involves in all circumstances a decision by the contracting authority for which material and official reasons must be given. When the measures are deemed insufficient, the reasoning behind the decision in question is sent to the economic operator.  An economic operator that has been excluded by an indefeasible legal decision from participating in the award procedures for the procurement contract or allocation of concession is not authorised to make use of the possibility provided for in this article during the exclusion period fixed by the said decision in the Member States where the judgement is in effect.Economic and financial capacity – See Art. 67 of the Royal Decree of 18 April 2017

The tenderer must joint to his bid a declaration on his honour in which he indicates his annual turnover for the years 2017, 2018 and 2019. The average turnover for these three years must amount to 100.000 € per year minimum.

Declaration must be attached to the bid

Technical aptitude: See Art. 68 of the Royal Decree of 18.04.2017

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The tenderer shall dispose or be able to dispose of sufficient technicians, in particular of sufficient quality assurance personnel.

When evaluating the technical capacity, only the technicians that constitute an added value under the procurement contract that is the subject-matter of these Tender Specifications will be taken into account.

The tenderer includes in his tender an overview of the technicians, whether or not belonging directly to the undertaking, especially those responsible for quality control.

The tenderer shall dispose of the following references of services delivered over the past five years.

List the references of services required that have been delivered over the last five years.

The tenderer includes in his tender a list with the main services that have been delivered over the last five years including the amount and date as well as the public or private recipients. The services are proved by certificates drawn up or approved by the competent authority or, where the consignee was a private purchaser by certification of the private purchaser, or by default, by a simple statement of the service provider.

An indication of the proportion of the contract which the service provider intends possibly to subcontract.

Other selection criteria

A statement of the service provider’s unquestionable understanding of subject matter; a comprehensive strategy that will be employed for the execution of the contract and a realistic workplan/timeframe/implementation schedule that clearly shows completion timelines and deliverables contract.

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A tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with these entities. In that case, the following rules apply:

Where an economic operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect.

The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion.

With regard to criteria relating to the educational and professional qualifications, or to the relevant professional experience, economic operators may however only rely on the capacities of other entities where the latter will actually perform the works or services for which these capacities are required.

Under the same conditions, a group of candidates or tenderers may submit the capacities of the group’s participants.

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